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Author Topic: Partition suite case  (Read 1248 times)

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Offline abumann1

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Partition suite case
« on: August 16, 2015, 01:29:37 AM »
I will buying a property(flat) in kolkata.After signing  agreement for sale and applying for loan from LIC housing i come to know there is Partition suite case has been files against builder.
The is still running and waiting for next hearing from court.Work has been stopped by local police as per law.But builder has got permission from session court to for certain period and now completed the work almost 90% of the construction.

My loan is also sanctioned by LIC HOUSING and developer wants complete the registry of flat and give hand over.
My question is in the above situation how LIC Housing approve the loan and will it be valid registry as case is still going on and what would be future of flat owner if builder lost the case.
How government allowing registry of such flat where some court case is still pending.

I am really seeking legal help.What would be my best approach in this situation.

Offline adv.amarnath

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Re: Partition suite case
« Reply #1 on: August 16, 2015, 01:04:46 PM »
Considering your statement to be facts, I would like to say that it is a very common situations/ cases which I have been dealing for prolong time. It is now a days became fascination of Developer to suppress the disputes among the landlords and developers. Anyway, you have not mentioned the date of your agreement for sale in respect of the flat nor you have disclosed about the earnest/ advance money you have paid to your developer till date.

Now until and unless, I get an opportunity to check your documents supplied by your developer like Developer Agreement, Power of Attorney, Building Sanction plan, etc, it will be hard to give you a proper and correct advice in this respect. Further you have not disclosed that whether your agreement for sale is being registered or notarized and from where you gathered knowledge about the partition suit and/ or disputes between them

You must not pay further money to your developer in respect of your flat and it will be not correct to point out and accuse the developer regarding his unfair trade practice as well as suppression of such dispute.

If it is found that there is a partition suit on that event you have no other alternative except to get refund of entire earnest/ advance money paid to the developer with interest within 10 days. If the developer fails to refund you the entire earnest/ advance money, on that occasion, you have to file a consumer case against the developer for quick and early disposal with very low expenditure comparing to Civil Suit/ Case. You can also get compensation as well as litigation cost. You must be cautious before taking any action through any person or lawyers. Cause single mistake will ruin your case at end.

Consumer forum, having jurisdiction to entertain your case, is the best forum in your dispute. Jurisdiction can be decided by the total claim in your complainant i.e. value of the total flat plus compensation, litigation cost and interest. If the total value is more than Rs.20 lac then State Commission will be the correct forum on contrary in the District Consumer Forum in which district the flat is situated.

You can contact me over my mobile 9830303322, if you wish to consult in details.

Amarnath Sanyal
State Consumer Dispute Redressal Commission, Kolkata, West Bengal
Mob - 09830303322


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